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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Bisson [2015] JRC 246A (27 November 2015)
URL: http://www.bailii.org/je/cases/UR/2015/2015_246A.html
Cite as: [2015] JRC 246A
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Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Marett-Crosby and Thomas |
The Attorney General
-v-
Paul Emmanuel Bisson
Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:
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1 count of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 1). |
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1 count of: |
Perverting the course of Justice (Count 2). |
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2 counts of: |
Larceny (Counts 3 and 4). |
Age: 37.
Plea: Guilty.
Details of Offence:
On 24th October, 2014, the police entered the defendant's home finding him brushing ethylphenidate powder off his hands. The kitchen bin contained almost 1g of ethyphenidate and syringes with needles fitted. His children were present in the house. Evidence including two mobile telephones was seized and he was detained for questioning.
Within one hour of release he remotely erased the contents of the two seized telephones, leaving no data for the police to analyse. He admitted the erasure and argued that the data was irrelevant and personal. He then cooperated over several months as the police unsuccessfully attempted to restore the data.
On 1st April, 2015, he stole groceries worth £9 from a petrol station.
On 4th April, 2015, he stole a satellite TV receiver unit worth £110 from an electrical shop.
Counts 3 & 4 placed him in breach of a probation order of the Magistrate's Court for domestic violence (pushing his girlfriend and punching holes in a door during an argument, in the presence of their child) and possession of cannabis, buprenorphine, and ethyphinidate.
Details of Mitigation:
Some credit for delay not of the defendant's making; support of his girlfriend who did not seek a conviction for the domestic violence and was in court to support him; guilty pleas and some cooperation with police and probation.
Previous Convictions:
88 convictions of violence, dishonesty, drugs and other matters.
Conclusions:
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Count 1: |
Possession of less than 1g ethylphenidate (Class B):-3 months' imprisonment. |
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Count 2: |
Perverting (deleting data from telephones):-3 months' imprisonment, consecutive to Count 1. |
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Count 3: |
Shoplifting - food:-1 month's imprisonment, consecutive to Count 1. |
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Count 4: |
Shoplifting - TV receivers:-2 months' imprisonment, consecutive to Count 1. |
Breach of Probation Order imposed by the Magistrate's Court:-
Breach offences
Possession of 0.5g cannabis (Class B) 1 month's imprisonment, consecutive to the above Indictment.
Possession of one buprenorphine tablet (Class B) 1 month's imprisonment, consecutive to the above Indictment
On same occasion possession of 0.5g ethylphenidate (Class B) 1 month's imprisonment, concurrent.
Possession of two lumps of cannabis bought on separate occasions, 8.5g in total (Class B) 2 months' imprisonment, consecutive to the above Indictment.
Domestic assault 3 months' imprisonment consecutive to the above Indictment.
Total: 16 months' imprisonment.
Discharge of the existing Probation Order.
No Compensation Order sought.
Forfeiture and destruction of the drugs sought.
Sentence and Observations of Court:
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Count 1: |
Possession of less than 1g ethylphenidate with (Class B) 50 hours' Community Service Order, equivalent to 1 month's imprisonment, and a 12 month Probation Order. |
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Count 2: |
Perverting (deleting data from telephones) 70 hours' Community Service Order, equivalent to 2 months' imprisonment, and a 12 month Probation Order, concurrent. |
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Count 3: |
Shoplifting - food 50 hours' Community Service Order, equivalent to 1 month's imprisonment, and a 12 month Probation Order, concurrent. |
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Count 4: |
Shoplifting - TV receivers 70 hours' Community Service Order, equivalent to 2 months' imprisonment, and a 12 month Probation Order, concurrent. |
Breach offences
Possession of 0.5g cannabis (Class B) 180 hours' Community Service Order, equivalent to 12 months' imprisonment, concurrent to the above Indictment.
Possession one buprenorphine tablet (Class B) 180 hours' Community Service Order, equivalent to 12 months' imprisonment, concurrent to the above Indictment.
On same occasion, possession of 0.5g ethylphenidate (Class B) 180 hours' Community Service Order, equivalent to 12 months' imprisonment, concurrent to the above Indictment.
Possession of two lumps of cannabis bought on separate occasions, 8.5g in total (Class B) 180 hours' Community Service Order, equivalent to 12 months' imprisonment, concurrent to the above Indictment.
Domestic assault 180 hours' Community Service Order, equivalent to 12 months' imprisonment concurrent to the above Indictment.
Total: 180 hours' Community Service, equivalent to 12 months' imprisonment, and a 12 month Probation Order.
Discharge of previous Probation Order.
Forfeiture and destruction the drugs ordered.
Compensation Order made in relation to the two retailers in the sum of £119.45 to be paid within 6 months or 1 week's imprisonment, consecutive, in default.
D. J. Hopwood, Esq., Crown Advocate.
Advocate J. W. R. Bell for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are to be sentenced today for possession of ethylphenidate, perverting the course of justice, theft of foodstuff and theft of a recording device. This offending also places you in breach of a probation order imposed by the Magistrate' Court relating to four charges of possession of unlawful drugs, namely cannabis, buprenorphine and ethylphenidate and subsequently an offence of domestic violence. You were at that time subject to a 12 month probation order.
2. Although the Crown has proceeded on the basis that the data wiped from your phone was unconnected to criminal activity, your actions in perverting the course of justice have nonetheless frustrated and delayed the investigation. You do not, at all, have a good record. You appear to have a great deal of difficulty in refraining from offending whilst on probation.
3. We have noted the mitigation which has been very ably advanced by your counsel; we note that there has been a significant delay which has not been entirely of you making and we have considered very carefully the correspondence that has been provided on your behalf.
4. The Court has been very much in two minds as to how to deal with this matter. We have considered very anxiously indeed whether or not it is possible for us to extend one further chance or whether we have to meet this continued behaviour with a custodial sentence. We have decided that we are in a position to afford you one further chance.
5. The sentence of the Court is that you will have a period of probation for 12 months; you will serve 180 hours' community service which is the equivalent of a 12 month prison sentence. In case you are back before Court, which we very much hope you will not, in case you breach this order, we record that our assessment of the appropriate sentences are broken down as follows:- We think that the first three breach offences in the Crown's table should amount to 2 months' imprisonment; we think that the breach offences on 31st July for the two lumps of cannabis is 2 months'; Count 1 is 1 month, that Count 2 is 2 months', that the breach offence of domestic assault is 3 months' and Count 3 is 1 month and Count 4 is 2 months', making a total of 12 months' and that is the direct alternative.
6. Mr Bisson I am going to give you a warning. You have heard these warnings before but we have seen some sign that you are moving in the right direction. We do not consider it to be a strong sign but it is a sign that we are prepared to follow on this occasion. Be in absolutely no doubt whatever if you breach the Probation Order, if you fail to comply with all of the requirements that the Probation Service require of you, if you fail to attend any courses, if you fail without absolutely persuasive and compelling reasons to deal with the community service in the way that you are directed, you will be back before this Court and you must expect to serve the custodial equivalent that we have just given you. This is the very last chance you have and we are giving it to you for the benefit of your children as much as anything else. You really have to understand it in those terms.
7. We also direct that you should pay compensation in the sum set out at the value in the counts on the indictment. We allow you 6 months in order to do that and we direct you will serve prison for 1 week if you fail to it within the 6 months period.
8. We discharge the pre-existing the Probation Order.
9. We also order the forfeiture and destruction of the drugs.
Authorities
Magistrate's Court Sentencing Guidelines: Assaults (2015).